Council convened in Council Chamber at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Berding, Bortz, Cole, Ghiz, Monzel, Tarbell and Thomas (7)

Also in attendance were City Manager Milton Dohoney, Jr. Asst. Solicator Patricia King and Clerk of Council Melissa Autry

Council observed a moment of silent prayer and recited the Pledge of Allegiance to the Flag.

There being no objection, Minutes of the previous session Council were ordered Filed.

Items on the Council Calendar and items presented by-leave were disposed of as follows:

MOTION, dated 12/6/2006, submitted by Mayor Mallory, Councilmembers Crowley, Berding, Ghiz, Bortz, Monzel, Cole, Thomas, Cranley and Vice Mayor Tarbell that City Council cancel the sessions scheduled for Thursday, December 28, 2006 and Thursday, January 4, 2007 due to the Christmas and New Year's holidays.

ORDINANCE, dated 11/17/2006, submitted by Vice Mayor Tarbell, NOTWITHSTANDING the provisions of Section 1403-05, Land Use Regulations - Single family Districts of the Cincinnati Zoning Code, authorizing the Director of Buildings and Inspections to a)issue building permits for the renovation of the structure at 3719 Kirkup Avenue (the "Property") in the Kennedy Heights neighborhood, and b)issue a certificate of occupancy for use of the Property for a two-family residential dwelling, which certificate of occupancy will expire upon the transfer of the Property or if the use of the Property as a two-family residential dwelling is abandoned.

ORDINANCE, (EMERGENCY) submitted by Councilmember Bortz, Authorizing the City Manager to execute a Development Agreement, between the City and RiverCrossing, LLC, an Ohio limited liability company, for the benefit of a mixed-use residential and commercial development, to be located along the eastern portion of the riverfront and to be known as One River Plaza.

ORDINANCE, (EMERGENCY) submitted by Councilmember Bortz, declaring improvements to certain parcels of real property in the City of Cincinnati, Ohio to be a public purpose in connection with the establishment of Tax Increment Financing program under Ohio revised code section 5709.41; declaring such property to be exempt from real property taxation; requiring the owners thereof to make service payments in lieu of taxes; describing the various improvements to be paid from such service payments; authorizing the execution of a service agreement with the developer; Authorizing a compensation agreement with the Cincinnati City School District; Establishing an urban redevelopment tax increment equivalent fund for the deposit of such service payments, and declaring an emergency

ORDINANCE, (EMERGENCY) AMENDING Ordinance No. 412-2002 passed on December 18, 2002, to remove certain real property from the District 2-Downtown South/Riverfront District Incentive District; and declaring an emergency.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 12/06/2006, authorizing the City Manager to enter into and execute an Agreement of Lease with the Lamar Advantage GP Company for various real property sites located in the City of Cincinnati for the operation of outdoor advertising signs.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/6/2006, authorizing the City Manager to enter into an Agreement of Lease with Port of Cincinnati, LLC for City-owned property south of Mehring Way, west of Carr Street, which property is not needed for any municipal purpose during the term of the lease.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/6/2006, authorizing the transfer of the sum of $1,371,323.14 from various existing HOME accounts to project account number 411x162x69008, Rental Rehabilitation Program, for the purpose of providing funds for various rental rehabilitation projects that are eligible for funding but that cannot be funded until additional resources become available.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/6/2006, authorizing the City Manager to apply for and accept a grant totaling approximately $250,000 from the U.S. Department of Justice, for the purpose of funding the 2007 Justice and Mental Health Collaborative Program.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/6/2006, authorizing the City Manager to execute any necessary and appropriate documents to extend a loan from federal HOME funds to Savannah Garden Apartments II Limited Partnership, in the amount of Seven Hundred Sixty-Eight Thousand and 00/100 Dollars ($768,000.00) for the repair and rehabilitation of 1910A Savannah Way in College Hill to low-income households.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/6/2006, authorizing the City Manager to apply for and accept a grant totaling approximately $125,000 from the U.S. Department of Justice for the purpose of funding the 2007 Gang Resistance Education and Training (G.R.E.A.T.) Program.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/6/2006, authorizing the vacation of 36,000 square feet of Right-of-Way along Oesper Avenue, East of Realistic Avenue and South of Dana Avenue, in the Evanston community, to Neyer Properties, Inc., for the benefit of the Keystone Parke project (formerly known as "The Keystone" project), which property is not needed for any municipal purpose; determining that the vacation of the subject property without competitive bidding is in the public interest because the Petitioner is the only abutting property owner, and as such is the only party who can make effective use of the Property; determining the fair market value of the vacation of the subject property; determining that the vacation of the property at less than fair market value will result in a significant public benefit; and, declaring an emergency.

REPORT, dated 12/6/2006, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 9/12/06, submitted by Councilmembers Berding, Cole and Cranley, that administration prepare a report to Council describing the process by which residents may request additional street lighting. The report should address the required steps to be taken by both citizens and the administration, related time frames, costs associated with the program, and how requests are evaluated including whether or not crime statistics are currently taken into account. (STATEMENT ATTACHED)

REPORT, dated 12/6/2006, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 10/5/2006 submitted by Councilmembers Cranley and Bortz that Community Development and Planning conduct a Zoning Study of the property located at 2616 River Road. The goal of the study is to change the current zoning to a designation that will accommodate a single-family dwelling. (STATEMENT ATTACHED)

REPORT, dated 12/6/2006, submitted by Milton Dohoney, Jr., City Manager, regarding a communication from Ms. Linda Russell. (SEE DOCUMENT #200600487 FOR PREVIOUS REPORT)

REPORT, dated 12/06/2006, submitted by Milton Dohoney, Jr., City Manager, regarding the SORTA Operational Audit. (SEE DOCUMENT #200409339 FOR ADOPTED MOTION - REPORT ON FILE IN CLERK'S OFFICE)

ORDINANCE, dated 11/27/2006, from Margaret A. Wuerstle, AICP, Chief Planner, Department of Community Development and Planning, MODIFYING the provisions of Title XIV, Zoning Code of the City of Cincinnati, of the Cincinnati Municipal Code by enacting a new Chapter 1410, Urban Mix District. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 10/20/2006) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, DECEMBER 19, 2006 AT 10:30 A.M.)

ORDINANCE, dated 12/1/2006, submitted by Margaret A. Wuerstle, AICP, Chief Planner, Department of Community Development and Planning, TO REZONE certain property located at 1202 E. McMillan Street, 1216 E. McMillan Street, and 2516 Victory Parkway in the East Walnut Hills neighborhood from the OG-Office General District and CC-M, Commercial-Community Mixed District to the CC-A, Commercial-Community Auto-oriented District, amending the Zoning Map. (CITY PLANNING COMMISSION DISAPPROVED THIS ITEM ON 11/3/2006) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE ON TUESDAY, 12/19/2006 AT 10:30 A.M.)

ORDINANCE, dated 12/1/2006, submitted by Margaret A. Wuerstle, AICP, Chief Planner, Department of Community Development and Planning, TO REZONE certain property located at 5081 Madison Road, 5101 Madison Road, 5207 Madison Road and 4851 Red Bank Road, from CG-A, Commercial General - Auto-oriented District to PD, Planned Development District in the Madisonville neighborhood, amending the Zoning Map. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 11/3/2006) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, 12/19/2006 AT 10:30 A.M.)

ORDINANCE, dated 12/1/2006, submitted by Margaret A. Wuerstle, AICP, Chief Planner, Department of Community Development and Planning, TO REZONE certain property located at 1216 E. McMillan Street, in the East Walnut Hills neighborhood from the OG - Office General District to the CC-M Commercial Community - Mixed District, amending the Zoning map. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 11/3/2006) (PUBLIC HEARING WILL BE HELD BEFORE ECONOMIC DEVELOPMENT COMMITTEE ON 12/19/2006 AT 10:30 A.M.)

ORDINANCE, dated 11/30/2006, submitted by Margaret A. Wuerstle, AICP, Chief Planner, Department of Community Development and Planning, MODIFYING the provisions of Chapter 1400, General Provisions and Rules for Measurement, of the Cincinnati Zoning Code by ordaining new Section 1400-27-S2. (CITY PLANNING COMMISSION APPROVED THIS ITEM 10/6/2006) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE ON TUESDAY, 12/19/2006 AT 10:30 A.M.)

ORDINANCE, dated 11/14/2006 submitted by Margaret A. Wuerstle, Chief Planner, Community Development and Planning, TO REZONE certain property from MG, Manufacturing General District to UM, Urban Mix District in the Over-The-Rhine neighborhood, amending the Zoning Map.(APPROVED BY THE CITY PLANNING COMMISSION ON 10/20/2006) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE 12/19/2006 AT 10:30 A.M.)

COMMUNICATION, dated 11/28/2006, submitted by the Clerk of Council, from Rae Ann Estep, Superintendent, Ohio Department of Commerce, Divisions of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding Transfer of Ownership and Location Application, Number 0752784-0185, Class D-2-2X-3, Blazin Wings, Inc., dba Buffalo Wild Wings, 200 Calhoun Street, Cincinnati, Ohio 45219 and New Permit Application, Number 0752784-0185, Class D-3A, Blazin Wings, Inc., 200 Calhoun Street, Cincinnati, Ohio 45219.

COMMUNICATION, dated 11/28/2006, submitted by the Clerk of Council, from Rae Ann Estep, Superintendent, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio, 43068-9005, regarding New Permit Application, Permit #4425685, Class C-1-2, D-6, Kabena, Inc., dba Johnny's Food Mart, 732 East McMillan Street, 1st Floor, Cincinnati, Ohio 45206.

RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 11/22/2006, declaring the intent to appropriate to public use the real property required for the improvement of Fort Washington Way.

ORDINANCE, (EMERGENCY), dated 12/05/2006, submitted by Councilmember Monzel, from Milton R. Dohoney, Jr., City Manager, Repealing Chapter 611 (Clean Indoor Air Act) of the Cincinnati Municipal Code and Ordinance No. 129-2005, which enacted Chapter 611, due to the passage of Issue 5, enacting Ohio Rivised Code Chapter 3794, The Smoke Free Workplace Act.

RESOLUTION, dated 11/8/2006, submitted by Councilmember Cole, Urging the Ohio Department of Rehabilitation and Corrections to swiftly proceed with its stated intention to implement policies and procedures to prevent prisoners in Ohio prisons from possessing or displaying photographs or belongings of their victims.